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Legislation

Scottish Legislation

The Scottish Government has made progress in tackling discrimination in law. With the introduction of the Civil Partnerships Act 2004, same-sex relationships have been recognised in the following Scottish Parliament legislation (links below direct you out with the Scottish Government website): wedding rings

  • Adults with Incapacity (Scotland) Act 2000 - recognise that a partner of a person in a same-sex relationship can be treated as that person's nearest relative, in the same way as a husband or wife.
  • Housing (Scotland) Act 2001 - allows same-sex partners to succeed tenancy if partner dies. Encourages equal opportunities, including on grounds of sexual orientation.
  • Mortgage Rights (Scotland) Act 2001 - allows same sex partners to apply for a court order to stop a property being repossessed, if the security subjects, in whole or in part, are that person's main or sole residence.
  • Criminal Justice (Scotland) Act 2003 - recognises same-sex partners as victim's partners and allows participation in the criminal justice process, including information giving and support for victims of crime.
  • The Mental Health (Care and Responsibilities)(Scotland) Act 2003 - recognises nearest relative as someone in a relationship which has the characteristics of the relationship between husband and wife except that the person and the relevant person are of the same sex.
  • Civil Legal Aid (Scotland) Amendment Regulations 2003 - recognises same sex partners who are living together in a relationship which has the characteristics of the relationship between husband and wife shall be treated as if they were spouses in assessment of resources.
  • Family Law (Scotland) Act 2006 - gives new rights to cohabiting couples including same sex partners in terms of inheritance and financial provision after breakdown of a relationship.
  • Adoption and Children (Scotland) Bill - was passed by the Scottish Parliament on 7th December 2006, and came into effect in 2007, a cohabiting same-sex couple who are in "an enduring family relationship" will be able to apply to jointly adopt a child, and one partner will be able to apply to "step-parent" adopt their partner's child.

Hate Crime Legislation

The Scottish Government is working with Patrick Harvie MSP to expand hate crime legislation to include LGBT and disabled people. No one in Scotland should be targeted or victimised because of their sexual orientation, transgender identity or disability.

The proposed legislation will extend existing hate crime provisions to cover crimes motivated by malice or ill will based on the victim's actual or presumed sexual orientation (whether homosexual, bisexual or heterosexual), transgender identity or disability.

UK Legislation

There have also been a number of significant developments in UK legislation including:

  • Sex Discrimination (Gender Reassignment) Regulations 1999 - Under the UK Government's SDA people undergoing gender reassignment are protected against discrimination at work because a person intends to go, are undergoing or have undergone gender reassignment. Further information is available from the Equal Opportunities Commission.
  • Employment Equality (Sexual Orientation) Regulations 2003 - On 1 December 2003 the UK Government introduced regulations to outlaw discrimination on the grounds of sexual orientation in employment and vocational training. Further information is available on the ACAS website.
  • Civil Partnerships Act 2004 - The Act creates a new legal relationship of civil partnership, which two people of the same-sex can form by signing a registration document. It also provides same-sex couples who form a civil partnership with parity of treatment in a wide range of legal matters with those opposite-sex couples who enter into a civil marriage.
  • Gender Recognition Act 2004 - The Gender Recognition Act will mean a person who has undergone gender reassignment will, subject to certain conditions, be able to apply for a for a gender recognition certificate in their new sex, which will give them the same legal rights in employment as a person of that sex.
  • Equality Act 2006 - The Equality Bill received Royal Assent on 16 February 2006 and establishes a single Equality and Human Rights Comission to take forward work on combating discrimination on sex, disability, race, religion and belief, sexual orientation and age; introduces a public sector gender equality duty; introduce provisions to protect people from disimination on the grounds of religion and belief with regards to goods, facilities, services and public functions; and gives Westminster the power to introduce regulations to protect people form discrimination on the grounds of sexual orientation in goods, facilities, services and public functions.
  • Equality Act (Sexual Orientation Regulations) 2007 - Part 3 outlaws discrimination on the grounds of sexual orientation in the provision of goods, facilities, services, education, the disposal and management of premises and in the exercise of public functions.

You can find more information about UK Government Legislation, including information about your rights and what to do if you have been discriminated against at the Direct Gov website.

Page updated: Tuesday, October 28, 2008